Necessary elements of a winning truck accident injury suit

On behalf of The Mahoney Law Firm, P.C. posted in Truck Accidents on Thursday, July 2, 2015.

Personal injury lawyers often hear stories about fear of not having enough proof to pursue a personal injury case following a car or truck accident. While this is certainly a valid concern, it is not very difficult to figure out if enough evidence exists to move forward. Doing so can ensure accident victims, who already have enough hardship on their plates, do not waste their time or their energy.

Roads and highways in both Colorado and Wyoming can be hazardous to ordinary motorists due to weather issues or even the layout of the road. Adding heavy commercial trucks to the mix increases the danger. Further, many truck operators work long hours resulting in fatigue, sleepiness, boredom and additional issues that may distract them from the roadway. Regular motorists who simply need to get from point A to point B typically do not mind sharing the road, but they do deserve a degree of security about their personal safety.

If an accident does occur involving a commercial vehicle, here are the elements necessary to prove negligence in a personal injury lawsuit. Many of these are similar to the factors we recently detailed in a blog post about pedestrian accidents.

Duty: This means the truck driver was obligated to exercise due caution for other drivers.

Breach of Duty: This means the truck driver violated his duty to exercise reasonable efforts to fulfill the above-mentioned duty.

Cause: This means the accident victim must be able to prove the truck driver caused the injury through action or inaction.

Damages: This means the victim or plaintiff must prove he or she suffered a legally recognized harm, typically physical injury or damage to property.

If you have been injured in a truck accident, we invite you to study our personal injury web pages. We hope our information can help you decide if you have enough grounds to move forward with your case.

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